Commonwealth Consolidated Acts

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2006 - SECT 460

Scope

  (1)   This section applies to the following:

  (a)   a greenhouse gas assessment permit;

  (b)   a greenhouse gas holding lease;

  (c)   a greenhouse gas injection licence;

  (d)   a greenhouse gas search authority;

  (e)   a greenhouse gas special authority;

  (f)   a greenhouse gas research consent.

Requirement

  (2)   A person (the first person ) carrying on activities in an offshore area under the permit, lease, licence, authority or consent must carry on those activities in a manner that does not interfere with:

  (a)   navigation; or

  (b)   fishing; or

  (c)   the conservation of the resources of the sea and seabed; or

  (d)   any activities of another person being lawfully carried on by way of:

  (i)   exploration for, recovery of or conveyance of a mineral (other than petroleum); or

  (ii)   construction or operation of a pipeline; or

  (iii)   offshore infrastructure activities (within the meaning of the Offshore Electricity Infrastructure Act 2021 ); or

  (e)   the enjoyment of native title rights and interests (within the meaning of the Native Title Act 1993 );

to a greater extent than is necessary for the reasonable exercise of the rights and performance of the duties of the first person.

Offence

  (3)   A person commits an offence if:

  (a)   the person is subject to a requirement under subsection   (2); and

  (b)   the person engages in conduct; and

  (c)   the person's conduct breaches the requirement.

Penalty:   100 penalty units.

  (4)   An offence against subsection   (3) is an offence of strict liability.

Note:   For strict liability, see section   6.1 of the Criminal Code .